ENROLLED
       2011 Legislature                          SB 2122, 1st Engrossed
       
       
       
       
       
       
                                                             20112122er
    1  
    2         An act relating to state government operations;
    3         amending s. 20.14, F.S.; removing the Division of
    4         Dairy Industry within the department; changing the
    5         name of the Division of Forestry to the Florida Forest
    6         Service; amending s. 320.90, F.S.; requiring the
    7         Department of Legal Affairs, rather than the
    8         Department of Agriculture and Consumer Services, to
    9         distribute free of charge a motor vehicle consumer’s
   10         rights pamphlet; amending s. 501.160, F.S.; providing
   11         for the state attorneys and the Department of Legal
   12         Affairs, rather than the Department of Agriculture and
   13         Consumer Services, to enforce the law prohibiting
   14         price gouging; reenacting s. 570.18, F.S., relating to
   15         the organization of the Department of Agriculture and
   16         Consumer Services, to incorporate the amendment made
   17         to s. 570.29, F.S., in a reference thereto; amending
   18         s. 570.20, F.S.; removing the time limitations on
   19         provisions authorizing moneys in the General
   20         Inspection Trust Fund to be used for programs operated
   21         by the Department of Agriculture and Consumer
   22         Services; amending s. 570.29, F.S.; removing the
   23         Division of Dairy Industry within the department, to
   24         conform to changes made by the act; changing the name
   25         of the Division of Forestry to the Florida Forest
   26         Service; adding the Division of Licensing as a
   27         division within the department; repealing ss. 570.40
   28         and 570.41, F.S., relating to the powers and duties of
   29         the Division of Dairy Industry; amending s. 570.50,
   30         F.S.; adding the inspection of dairy farms, milk
   31         plants, and milk product plants and other specified
   32         functions to the duties of the Division of Food Safety
   33         within the department; amending ss. 570.548, 570.549,
   34         and 570.903, F.S.; conforming references to changes
   35         made by the act; requesting the Division of Statutory
   36         Revision to prepare a reviser’s bill making conforming
   37         statutory changes; amending s. 601.04, F.S.; revising
   38         the number of members on the Florida Citrus
   39         Commission; providing for the termination of the terms
   40         of members appointed before a specified date and for
   41         appointment of members by the Governor; amending s.
   42         601.09, F.S.; revising the composition of the citrus
   43         districts; amending s. 601.10, F.S.; providing for the
   44         appointment of an executive director of the Department
   45         of Citrus and for confirmation by the Senate;
   46         providing a term of office; specifying the work week
   47         for employees of the Department of Citrus; providing
   48         for a reduction in salary for an employee who chooses
   49         to work less than the required weekly period; amending
   50         s. 601.15, F.S., relating to an excise tax levied and
   51         imposed upon each standard-packed box of citrus fruit
   52         grown and placed into the primary channel of trade;
   53         providing for certain tax rates to be levied;
   54         repealing s. 681.102(7), F.S., relating to the
   55         definition of the term “division”; amending ss.
   56         681.103, 681.108, 681.109, 681.1095, 681.1096,
   57         681.110, 681.112, 681.114, 681.117, and 681.118, F.S.;
   58         providing for the Department of Legal Affairs, rather
   59         than the Division of Consumer Services of the
   60         Department of Agriculture and Consumer Services, to
   61         enforce the state Lemon Law; consolidating enforcement
   62         duties under the Motor Vehicle Warranty Enforcement
   63         Act within the Department of Legal Affairs; conforming
   64         provisions to changes made by the act; providing an
   65         effective date.
   66  
   67  Be It Enacted by the Legislature of the State of Florida:
   68  
   69         Section 1. Subsection (2) of section 20.14, Florida
   70  Statutes, is amended to read:
   71         20.14 Department of Agriculture and Consumer Services.
   72  There is created a Department of Agriculture and Consumer
   73  Services.
   74         (2) The following divisions of the Department of
   75  Agriculture and Consumer Services are established:
   76         (a) Administration.
   77         (b) Agricultural Environmental Services.
   78         (c) Animal Industry.
   79         (d) Aquaculture.
   80         (e) Consumer Services.
   81         (f) Dairy Industry.
   82         (f)(g) Food Safety.
   83         (g)(h)Florida Forest Service Forestry.
   84         (h)(i) Fruit and Vegetables.
   85         (i)(j) Licensing.
   86         (j)(k) Marketing and Development.
   87         (k)(l) Plant Industry.
   88         (l)(m) Standards.
   89         Section 2. Section 320.90, Florida Statutes, is amended to
   90  read:
   91         320.90 Notification of consumer’s rights.—The department
   92  shall develop a motor vehicle consumer’s rights pamphlet which
   93  shall be distributed free of charge by the Department of Legal
   94  Affairs Agriculture and Consumer Services to the motor vehicle
   95  owner upon request. Such pamphlet must contain information
   96  relating to odometer fraud and provide a summary of the rights
   97  and remedies available to all purchasers of motor vehicles.
   98         Section 3. Subsection (8) of section 501.160, Florida
   99  Statutes, is amended to read:
  100         501.160 Rental or sale of essential commodities during a
  101  declared state of emergency; prohibition against unconscionable
  102  prices.—
  103         (8) Any violation of this section may be enforced by the
  104  Department of Agriculture and Consumer Services, the office of
  105  the state attorney, or the Department of Legal Affairs.
  106         Section 4. For the purpose of incorporating the amendment
  107  made by this act to section 570.29, Florida Statutes, in a
  108  reference thereto, section 570.18, Florida Statutes, is
  109  reenacted to read:
  110         570.18 Organization of departmental work.—In the assignment
  111  of functions to the 12 divisions of the department created in s.
  112  570.29, the department shall retain within the Division of
  113  Administration, in addition to executive functions, those powers
  114  and duties enumerated in s. 570.30. The department shall
  115  organize the work of the other 11 divisions in such a way as to
  116  secure maximum efficiency in the conduct of the department. The
  117  divisions created in s. 570.29 are solely to make possible the
  118  definite placing of responsibility. The department shall be
  119  conducted as a unit in which every employee, including each
  120  division director, is assigned a definite workload, and there
  121  shall exist between division directors a spirit of cooperative
  122  effort to accomplish the work of the department.
  123         Section 5. Subsection (2) of section 570.20, Florida
  124  Statutes, is amended to read:
  125         570.20 General Inspection Trust Fund.—
  126         (2) For the 2010-2011 fiscal year only and Notwithstanding
  127  any other provision of law to the contrary, in addition to the
  128  spending authorized in subsection (1), moneys in the General
  129  Inspection Trust Fund may be appropriated for programs operated
  130  by the department which are related to the programs authorized
  131  by this chapter in addition to the spending authorized in
  132  subsection (1). This subsection expires July 1, 2011.
  133         Section 6.  Section 570.29, Florida Statutes, is amended to
  134  read:
  135         570.29 Departmental divisions.—The department shall include
  136  the following divisions:
  137         (1) Administration.
  138         (2) Agricultural Environmental Services.
  139         (3) Animal Industry.
  140         (4) Aquaculture.
  141         (5) Consumer Services.
  142         (6) Dairy Industry.
  143         (6)(7) Food Safety.
  144         (7)(8)Florida Forest Service Forestry.
  145         (8)(9) Fruit and Vegetables.
  146         (9) Licensing.
  147         (10) Marketing and Development.
  148         (11) Plant Industry.
  149         (12) Standards.
  150         Section 7. Sections 570.40 and 570.41, Florida Statutes,
  151  are repealed.
  152         Section 8. Subsections (6) and (7) are added to section
  153  570.50, Florida Statutes, to read:
  154         570.50 Division of Food Safety; powers and duties.—The
  155  duties of the Division of Food Safety include, but are not
  156  limited to:
  157         (6) Inspecting dairy farms of the state and enforcing those
  158  provisions of chapter 502 as are authorized by the department
  159  relating to the supervision of milking operations and the rules
  160  adopted pursuant to such law.
  161         (7) Inspecting milk plants, milk product plants, and plants
  162  engaged in the manufacture and distribution of frozen desserts
  163  and frozen dessert mixes; analyzing and testing samples of milk,
  164  milk products, frozen desserts, and frozen dessert mixes which
  165  are collected by the division; and enforcing those provisions of
  166  chapter 502 or chapter 503 as are authorized by the department.
  167         Section 9. Section 570.548, Florida Statutes, is amended to
  168  read:
  169         570.548 Florida Forest Service Division of Forestry; powers
  170  and duties.—The duties of the Florida Forest Service Division of
  171  Forestry include, but are not limited to, administering and
  172  enforcing those powers and responsibilities of the Florida
  173  Forest Service division prescribed in chapters 589, 590, and 591
  174  and the rules adopted pursuant thereto and in other forest fire,
  175  forest protection, and forest management laws of this state.
  176         Section 10. Section 570.549, Florida Statutes, is amended
  177  to read:
  178         570.549 Director; duties.—
  179         (1) The director of the Florida Forest Service Division of
  180  Forestry shall be appointed by the commissioner and shall serve
  181  at the commissioner’s pleasure.
  182         (2) It shall be the duty of the director of the Florida
  183  Forest Service this division to direct and supervise the overall
  184  operation of the Florida Forest Service division and to exercise
  185  such other powers and duties as authorized by the department.
  186         Section 11. Subsection (1) of section 570.903, Florida
  187  Statutes, is amended to read:
  188         570.903 Direct-support organization.—
  189         (1) When the Legislature authorizes the establishment of a
  190  direct-support organization to provide assistance for the
  191  museums, the Florida Agriculture in the Classroom Program, the
  192  Florida State Collection of Arthropods, the Friends of the
  193  Florida State Forests Program of the Florida Forest Service
  194  Division of Forestry, and the Forestry Arson Alert Program, and
  195  other programs of the department, the following provisions shall
  196  govern the creation, use, powers, and duties of the direct
  197  support organization.
  198         (a) The department shall enter into a memorandum or letter
  199  of agreement with the direct-support organization, which shall
  200  specify the approval of the department, the powers and duties of
  201  the direct-support organization, and rules with which the
  202  direct-support organization shall comply.
  203         (b) The department may permit, without charge, appropriate
  204  use of property, facilities, and personnel of the department by
  205  a direct-support organization, subject to the provisions of ss.
  206  570.902 and 570.903. The use shall be directly in keeping with
  207  the approved purposes of the direct-support organization and
  208  shall not be made at times or places that would unreasonably
  209  interfere with opportunities for the general public to use
  210  department facilities for established purposes.
  211         (c) The department shall prescribe by contract or by rule
  212  conditions with which a direct-support organization shall comply
  213  in order to use property, facilities, or personnel of the
  214  department or museum. Such rules shall provide for budget and
  215  audit review and oversight by the department.
  216         (d) The department shall not permit the use of property,
  217  facilities, or personnel of the museum, department, or
  218  designated program by a direct-support organization which does
  219  not provide equal employment opportunities to all persons
  220  regardless of race, color, religion, sex, age, or national
  221  origin.
  222         Section 12. The Division of Statutory Revision is requested
  223  to prepare a reviser’s bill for introduction at a subsequent
  224  session of the Legislature which replaces all statutory
  225  references to the Division of Forestry with the term “Florida
  226  Forest Service.”
  227         Section 13. Subsection (1), paragraph (a) of subsection
  228  (2), and subsection (4) of section 601.04, Florida Statutes, are
  229  amended to read:
  230         601.04 Florida Citrus Commission; creation and membership.—
  231         (1)(a) There is hereby created and established within the
  232  Department of Citrus a board to be known and designated as the
  233  “Florida Citrus Commission” to be composed of nine 12 practical
  234  citrus fruit persons who are resident citizens of the state,
  235  each of whom is and has been actively engaged in growing,
  236  growing and shipping, or growing and processing of citrus fruit
  237  in the state for a period of at least 5 years immediately prior
  238  to appointment to the said commission and has, during said
  239  period, derived a major portion of her or his income therefrom
  240  or, during said time, has been the owner of, member of, officer
  241  of, or paid employee of a corporation, firm, or partnership
  242  which has, during said time, derived the major portion of its
  243  income from the growing, growing and shipping, or growing and
  244  processing of citrus fruit.
  245         (b) Six Seven members of the commission shall be designated
  246  as grower members and shall be primarily engaged in the growing
  247  of citrus fruit as an individual owner; as the owner of, or as
  248  stockholder of, a corporation; or as a member of a firm or
  249  partnership primarily engaged in citrus growing. None of such
  250  members shall receive any compensation from any licensed citrus
  251  fruit dealer or handler, as defined in s. 601.03, other than
  252  gift fruit shippers, but any of the grower members shall not be
  253  disqualified as a member if, individually, or as the owner of, a
  254  member of, an officer of, or a stockholder of a corporation,
  255  firm, or partnership primarily engaged in citrus growing which
  256  processes, packs, and markets its own fruit and whose business
  257  is primarily not purchasing and handling fruit grown by others.
  258  Three Five members of the commission shall be designated as
  259  grower-handler members and shall be engaged as owners, or as
  260  paid officers or employees, of a corporation, firm, partnership,
  261  or other business unit engaged in handling citrus fruit. One Two
  262  of such three five grower-handler members shall be primarily
  263  engaged in the fresh fruit business and two three of such three
  264  five grower-handler members shall be primarily engaged in the
  265  processing of citrus fruits.
  266         (c) There shall be three members of the commission from
  267  each of the three four citrus districts. Each member must reside
  268  in the district from which she or he was appointed. For the
  269  purposes of this section, the residence of a member shall be the
  270  actual physical and permanent residence of the member.
  271         (2)(a) The members of such commission shall possess the
  272  qualifications herein provided and shall be appointed by the
  273  Governor for terms of 3 years each. Appointments shall be made
  274  by February 1 preceding the commencement of the term and shall
  275  be subject to confirmation by the Senate in the following
  276  legislative session. Four members shall be appointed each year.
  277  Such members shall serve until their respective successors are
  278  appointed and qualified. The regular terms shall begin on June 1
  279  and shall end on May 31 of the third year after such
  280  appointment. Effective July 1, 2011, the terms of all members of
  281  the commission appointed on or before May 1, 2011, are
  282  terminated and the Governor shall appoint the members of the
  283  commission in accordance with the provisions of this act.
  284         (4) It is the intent of the Legislature that the commission
  285  be redistricted every 5 years. Redistricting shall be based on
  286  the total boxes produced from each of the three four districts
  287  during that 5-year period.
  288         Section 14. Section 601.09, Florida Statutes, is amended to
  289  read:
  290         601.09 Citrus districts.—For purposes of this chapter, the
  291  state is divided into three four districts composed of the
  292  following counties:
  293         (1) Citrus District One: Levy, Alachua, Brevard, Putnam,
  294  St. Johns, St. Lucie, Flagler, Indian River, Marion, Citrus,
  295  Sumter, Lake, Seminole, Orange, Okeechobee, Hernando, Pasco,
  296  Pinellas, Hillsborough, Polk, Volusia, and Osceola Counties.
  297         (2) Citrus District Two: Manatee, Hardee, DeSoto,
  298  Highlands, Sarasota, Charlotte, Lee, Collier, and Glades Monroe
  299  Counties.
  300         (3) Citrus District Three: Charlotte, Citrus, Collier,
  301  Hernando, Hendry, Hillsborough, Lake, Lee, Manatee, Monroe,
  302  Volusia, Brevard, Indian River, St. Lucie, Martin, Pasco, Palm
  303  Beach, Pinellas, Sarasota, Sumter, Broward, and Miami-Dade
  304  Counties.
  305         (4) Citrus District Four: Highlands, Okeechobee, Glades,
  306  and Hendry Counties.
  307         Section 15. Subsection (3) of section 601.10, Florida
  308  Statutes, is amended to read:
  309         601.10 Powers of the Department of Citrus.—The Department
  310  of Citrus shall have and shall exercise such general and
  311  specific powers as are delegated to it by this chapter and other
  312  statutes of the state, which powers shall include, but shall not
  313  be confined to, the following:
  314         (3) To employ and, at its pleasure, discharge an executive
  315  director, a secretary, and such attorneys, clerks, and employees
  316  as it deems necessary and to outline his or her their powers and
  317  duties and fix his or her their compensation.
  318         (a) The executive director of the department shall be
  319  appointed by a majority vote of the commission for a term of 4
  320  years, except for the initial term, and the executive director
  321  shall be subject to confirmation by the Senate in the
  322  legislative session following appointment.
  323         1. The initial term of the executive director ends June 30,
  324  2011, and each subsequent 4-year term begins July 1, and shall
  325  be filled in the same manner as the original appointment.
  326         2. A vacancy for the executive director shall be filled for
  327  the unexpired portion of the term in the same manner as the
  328  original appointment.
  329         (b) The Department of Citrus may pay, or participate in the
  330  payment of, premiums for health, accident, and life insurance
  331  for its full-time employees, pursuant to such rules or
  332  regulations as it may adopt; and such payments shall be in
  333  addition to the regular salaries of such full-time employees.
  334  The payment of such or similar benefits to its employees in
  335  foreign countries, including, but not limited to, social
  336  security, retirement, and other similar fringe benefit costs,
  337  may be in accordance with laws in effect in the country of
  338  employment, except that no benefits will be payable to employees
  339  not authorized for other state employees, as provided in the
  340  Career Service System.
  341         (c) Employees of the department shall work a 5-day, 40-hour
  342  week. Unless an employee is on approved leave, an employee’s
  343  salary shall be decreased by 20 percent for each day not worked
  344  during the 5-day work week if the employee chooses to regularly
  345  work less than a 5-day work week.
  346         Section 16. Paragraph (a) of subsection (3) of section
  347  601.15, Florida Statutes, is amended to read:
  348         601.15 Advertising campaign; methods of conducting; excise
  349  tax; emergency reserve fund; citrus research.—
  350         (3)(a) There is hereby levied and imposed upon each
  351  standard-packed box of citrus fruit grown and placed into the
  352  primary channel of trade in this state an excise tax at maximum
  353  annual rates for each citrus season as determined from the
  354  tables in this paragraph and based upon the previous season’s
  355  actual statewide production as reported in the United States
  356  Department of Agriculture Citrus Crop Production Forecast as of
  357  June 1. The rates may be set at any lower rate in any year
  358  pursuant to paragraph (e).
  359         1. The following maximum tax rates, expressed in cents per
  360  box, shall apply to grapefruit which enters the primary channel
  361  of trade for use in fresh form:
  362                  
  363  Previous seasoncrop size(millions of boxes)1995-19961996-19971997-19981998-19991999-2000 and thereafter
  364   80 andgreater     33       34       35       36           37        
  365      75-79.99       35       36       37       38           39        
  366      70-74.99       37       38       39       41           42        
  367      65-69.99       40       41       42       44           45        
  368      60-64.99       43       44       46       47           49        
  369      55-59.99       47       48       50       51           53        
  370      50-54.99       51       53       55       56           58        
  371      45-49.99       57       59       60       62           64        
  372      40-44.99       63       65       67       69           71        
  373    Less than 40     72       74       76       79           81        
  374  However, effective July 1, 2011, the tax rate per box on
  375  grapefruit that enters the primary channel of trade for use in
  376  fresh form may not exceed the tax rate per box in effect on May
  377  1, 2011.
  378         2. The following maximum tax rates, expressed in cents per
  379  box, shall apply to grapefruit which enters the primary channel
  380  of trade for use in processed forms:
  381                  
  382  Previous seasoncrop size(millions of boxes)1995-19961996-19971997-19981998-19991999-2000 and thereafter
  383   80 andgreater     23       24       25       25           26        
  384      75-79.99       25       25       26       27           28        
  385      70-74.99       26       27       28       29           30        
  386      65-69.99       28       29       30       31           32        
  387      60-64.99       31       32       32       33           34        
  388      55-59.99       33       34       35       36           37        
  389      50-54.99       36       38       39       40           41        
  390      45-49.99       40       41       43       44           45        
  391      40-44.99       45       46       48       49           51        
  392    Less than 40     51       53       54       56           57        
  393  However, effective July 1, 2011, the tax rate per box on
  394  grapefruit that enters the primary channel of trade for use in
  395  processed forms may not exceed the tax rate per box in effect on
  396  May 1, 2011.
  397         3. The following maximum tax rates, expressed in cents per
  398  box, shall apply to oranges which enter the primary channel of
  399  trade for use in fresh form:
  400                  
  401  Previous seasoncrop size(millions of boxes)1995-19961996-19971997-19981998-19991999-2000 and thereafter
  402   255 andgreater    23       24       25       26           26        
  403     245-254.9       24       25       26       27           27        
  404     235-244.9       25       26       27       28           28        
  405     225-234.9       26       27       28       29           30        
  406     215-224.9       28       28       29       30           31        
  407     205-214.9       29       30       31       32           33        
  408     195-204.9       30       31       32       33           34        
  409     185-194.9       32       33       34       35           36        
  410     175-184.9       34       35       36       37           38        
  411     165-174.9       36       37       38       39           40        
  412     155-164.9       38       39       40       41           43        
  413   Less than 155     41       42       43       44           46        
  414  However, effective July 1, 2011, the tax rate per box on oranges
  415  that enter the primary channel of trade for use in fresh form
  416  may not exceed the tax rate per box in effect on May 1, 2011.
  417         4. The following maximum tax rates, expressed in cents per
  418  box, shall apply to oranges which enter the primary channel of
  419  trade for use in processed form:
  420                  
  421  Previous seasoncrop size(millions of boxes)1995-19961996-19971997-19981998-19991999-2000 and thereafter
  422   255 andgreater    15       16       16       17           17        
  423     245-254.9       16       16       17       17           18        
  424     235-244.9       17       17       18       18           19        
  425     225-234.9       17       18       18       19           19        
  426     215-224.9       18       19       19       20           20        
  427     205-214.9       19       20       20       21           21        
  428     195-204.9       20       21       21       22           22        
  429     185-194.9       21       22       22       23           24        
  430     175-184.9       22       23       23       24           25        
  431     165-174.9       23       24       25       26           26        
  432     155-164.9       25       26       26       27           28        
  433   Less than 155     27       27       28       29           30        
  434  However, effective July 1, 2011, the tax rate per box on oranges
  435  that enter the primary channel of trade for use in processed
  436  form may not exceed 25 cents per box.
  437         5. The actual tax rate levied each year upon oranges which
  438  enter the primary channel of trade for use in processed form,
  439  pursuant to this paragraph, paragraph (e), and subsection (4),
  440  shall also apply in that year to tangerines and citrus hybrids
  441  regulated by the Department of Citrus which enter the primary
  442  channel of trade for use in processed form.
  443         6. The following maximum tax rates, expressed in cents per
  444  box, shall apply to tangerines and citrus hybrids regulated by
  445  the Department of Citrus which enter the primary channel of
  446  trade for use in fresh form:
  447                  
  448  Previous seasoncrop size(millions of boxes)1995-19961996-19971997-19981998-19991999-2000 and thereafter
  449   13 andgreater     24       24       25       26           27        
  450     12 - 12.99      26       26       27       28           29        
  451     11 - 11.99      28       29       30       30           31        
  452     10 - 10.99      31       31       32       33           34        
  453      9 - 9.99       34       35       36       37           38        
  454      8 - 8.99       38       39       40       41           42        
  455      7 - 7.99       43       44       45       47           48        
  456    Less than 7      49       51       52       54           56        
  457  However, effective July 1, 2011, the tax rate per box on
  458  tangerines and citrus hybrids regulated by the Department of
  459  Citrus which enter the primary channel of trade for use in fresh
  460  form may not exceed the tax rate per box in effect on May 1,
  461  2011.
  462         Section 17. Subsection (7) of section 681.102, Florida
  463  Statutes, is repealed.
  464         Section 18. Subsections (2) and (3) of section 681.103,
  465  Florida Statutes, are amended to read:
  466         681.103 Duty of manufacturer to conform a motor vehicle to
  467  the warranty.—
  468         (2) Each manufacturer shall provide to its consumers
  469  conspicuous notice of the address and phone number for its zone,
  470  district, or regional office for this state in the written
  471  warranty or owner’s manual. By January 1 of each year, each
  472  manufacturer shall forward to the department of Legal Affairs a
  473  copy of the owner’s manual and any written warranty for each
  474  make and model of motor vehicle that it sells in this state.
  475         (3) At the time of acquisition, the manufacturer shall
  476  inform the consumer clearly and conspicuously in writing how and
  477  where to file a claim with a certified procedure if such
  478  procedure has been established by the manufacturer pursuant to
  479  s. 681.108. The nameplate manufacturer of a recreational vehicle
  480  shall, at the time of vehicle acquisition, inform the consumer
  481  clearly and conspicuously in writing how and where to file a
  482  claim with a program pursuant to s. 681.1096. The manufacturer
  483  shall provide to the dealer and, at the time of acquisition, the
  484  dealer shall provide to the consumer a written statement that
  485  explains the consumer’s rights under this chapter. The written
  486  statement shall be prepared by the department of Legal Affairs
  487  and shall contain a toll-free number for the department which
  488  division that the consumer can contact to obtain information
  489  regarding the consumer’s rights and obligations under this
  490  chapter or to commence arbitration. If the manufacturer obtains
  491  a signed receipt for timely delivery of sufficient quantities of
  492  this written statement to meet the dealer’s vehicle sales
  493  requirements, it shall constitute prima facie evidence of
  494  compliance with this subsection by the manufacturer. The
  495  consumer’s signed acknowledgment of receipt of materials
  496  required under this subsection shall constitute prima facie
  497  evidence of compliance by the manufacturer and dealer. The form
  498  of the acknowledgments shall be approved by the department of
  499  Legal Affairs, and the dealer shall maintain the consumer’s
  500  signed acknowledgment for 3 years.
  501         Section 19. Subsections (1), (2), (3), (4), (5), and (8) of
  502  section 681.108, Florida Statutes, are amended to read:
  503         681.108 Dispute-settlement procedures.—
  504         (1) If a manufacturer has established a procedure, which
  505  the department division has certified as substantially complying
  506  with the provisions of 16 C.F.R. part 703, in effect October 1,
  507  1983, and with the provisions of this chapter and the rules
  508  adopted under this chapter, and has informed the consumer how
  509  and where to file a claim with such procedure pursuant to s.
  510  681.103(3), the provisions of s. 681.104(2) apply to the
  511  consumer only if the consumer has first resorted to such
  512  procedure. The decisionmakers for a certified procedure shall,
  513  in rendering decisions, take into account all legal and
  514  equitable factors germane to a fair and just decision,
  515  including, but not limited to, the warranty; the rights and
  516  remedies conferred under 16 C.F.R. part 703, in effect October
  517  1, 1983; the provisions of this chapter; and any other equitable
  518  considerations appropriate under the circumstances.
  519  Decisionmakers and staff of a procedure shall be trained in the
  520  provisions of this chapter and in 16 C.F.R. part 703, in effect
  521  October 1, 1983. In an action brought by a consumer concerning
  522  an alleged nonconformity, the decision that results from a
  523  certified procedure is admissible in evidence.
  524         (2) A manufacturer may apply to the department division for
  525  certification of its procedure. After receipt and evaluation of
  526  the application, the department division shall certify the
  527  procedure or notify the manufacturer of any deficiencies in the
  528  application or the procedure.
  529         (3) A certified procedure or a procedure of an applicant
  530  seeking certification shall submit to the department division a
  531  copy of each settlement approved by the procedure or decision
  532  made by a decisionmaker within 30 days after the settlement is
  533  reached or the decision is rendered. The decision or settlement
  534  must contain at a minimum the:
  535         (a) Name and address of the consumer;
  536         (b) Name of the manufacturer and address of the dealership
  537  from which the motor vehicle was purchased;
  538         (c) Date the claim was received and the location of the
  539  procedure office that handled the claim;
  540         (d) Relief requested by the consumer;
  541         (e) Name of each decisionmaker rendering the decision or
  542  person approving the settlement;
  543         (f) Statement of the terms of the settlement or decision;
  544         (g) Date of the settlement or decision; and
  545         (h) Statement of whether the decision was accepted or
  546  rejected by the consumer.
  547         (4) Any manufacturer establishing or applying to establish
  548  a certified procedure must file with the department division a
  549  copy of the annual audit required under the provisions of 16
  550  C.F.R. part 703, in effect October 1, 1983, together with any
  551  additional information required for purposes of certification,
  552  including the number of refunds and replacements made in this
  553  state pursuant to the provisions of this chapter by the
  554  manufacturer during the period audited.
  555         (5) The department division shall review each certified
  556  procedure at least annually, prepare an annual report evaluating
  557  the operation of certified procedures established by motor
  558  vehicle manufacturers and procedures of applicants seeking
  559  certification, and, for a period not to exceed 1 year, shall
  560  grant certification to, or renew certification for, those
  561  manufacturers whose procedures substantially comply with the
  562  provisions of 16 C.F.R. part 703, in effect October 1, 1983, and
  563  with the provisions of this chapter and rules adopted under this
  564  chapter. If certification is revoked or denied, the department
  565  division shall state the reasons for such action. The reports
  566  and records of actions taken with respect to certification shall
  567  be public records.
  568         (8) The department division shall adopt rules to implement
  569  this section.
  570         Section 20. Subsections (1), (2), (3), (5), (6), and (7) of
  571  section 681.109, Florida Statutes, are amended to read:
  572         681.109 Florida New Motor Vehicle Arbitration Board;
  573  dispute eligibility.—
  574         (1) If a manufacturer has a certified procedure, a consumer
  575  claim arising during the Lemon Law rights period must be filed
  576  with the certified procedure no later than 60 days after the
  577  expiration of the Lemon Law rights period. If a decision is not
  578  rendered by the certified procedure within 40 days after of
  579  filing, the consumer may apply to the department division to
  580  have the dispute removed to the board for arbitration.
  581         (2) If a manufacturer has a certified procedure, a consumer
  582  claim arising during the Lemon Law rights period must be filed
  583  with the certified procedure no later than 60 days after the
  584  expiration of the Lemon Law rights period. If a consumer is not
  585  satisfied with the decision or the manufacturer’s compliance
  586  therewith, the consumer may apply to the department division to
  587  have the dispute submitted to the board for arbitration. A
  588  manufacturer may not seek review of a decision made under its
  589  procedure.
  590         (3) If a manufacturer has no certified procedure or if a
  591  certified procedure does not have jurisdiction to resolve the
  592  dispute, a consumer may apply directly to the department
  593  division to have the dispute submitted to the board for
  594  arbitration.
  595         (5) The department division shall screen all requests for
  596  arbitration before the board to determine eligibility. The
  597  consumer’s request for arbitration before the board shall be
  598  made on a form prescribed by the department. The department
  599  division shall forward to the board all disputes that the
  600  department division determines are potentially entitled to
  601  relief under this chapter.
  602         (6) The department division may reject a dispute that it
  603  determines to be fraudulent or outside the scope of the board’s
  604  authority. Any dispute deemed by the department division to be
  605  ineligible for arbitration by the board due to insufficient
  606  evidence may be reconsidered upon the submission of new
  607  information regarding the dispute. Following a second review,
  608  the department division may reject a dispute if the evidence is
  609  clearly insufficient to qualify for relief. If a Any dispute is
  610  rejected by the department, the department shall send division
  611  shall be forwarded to the department and a copy shall be sent by
  612  registered mail to the consumer and the manufacturer, containing
  613  a brief explanation as to the reason for rejection.
  614         (7) If the department division rejects a dispute, the
  615  consumer may file a lawsuit to enforce the remedies provided
  616  under this chapter. In any civil action arising under this
  617  chapter and relating to a matter considered by the department
  618  division, any determination made to reject a dispute is
  619  admissible in evidence.
  620         Section 21. Subsections (1) through (6) and subsection (11)
  621  of section 681.1095, Florida Statutes, are amended to read:
  622         681.1095 Florida New Motor Vehicle Arbitration Board;
  623  creation and function.—
  624         (1) There is established within the department of Legal
  625  Affairs, the Florida New Motor Vehicle Arbitration Board,
  626  consisting of members appointed by the Attorney General for an
  627  initial term of 1 year. Board members may be reappointed for
  628  additional terms of 2 years. Each board member is accountable to
  629  the Attorney General for the performance of the member’s duties
  630  and is exempt from civil liability for any act or omission that
  631  which occurs while acting in the member’s official capacity. The
  632  department of Legal Affairs shall defend a member in any action
  633  against the member or the board which arises from any such act
  634  or omission. The Attorney General may establish as many regions
  635  of the board as necessary to carry out the provisions of this
  636  chapter.
  637         (2) The boards shall hear cases in various locations
  638  throughout the state so any consumer whose dispute is approved
  639  for arbitration by the department division may attend an
  640  arbitration hearing at a reasonably convenient location and
  641  present a dispute orally. Hearings shall be conducted by panels
  642  of three board members assigned by the department. A majority
  643  vote of the three-member board panel shall be required to render
  644  a decision. Arbitration proceedings under this section shall be
  645  open to the public on reasonable and nondiscriminatory terms.
  646         (3) Each region of the board shall consist of up to eight
  647  members. The members of the board shall construe and apply the
  648  provisions of this chapter, and rules adopted thereunder, in
  649  making their decisions. An administrator and a secretary shall
  650  be assigned to each board by the department of Legal Affairs. At
  651  least one member of each board must be a person with expertise
  652  in motor vehicle mechanics. A member must not be employed by a
  653  manufacturer or a franchised motor vehicle dealer or be a staff
  654  member, a decisionmaker, or a consultant for a procedure. Board
  655  members shall be trained in the application of this chapter and
  656  any rules adopted under this chapter, shall be reimbursed for
  657  travel expenses pursuant to s. 112.061, and shall be compensated
  658  at a rate or wage prescribed by the Attorney General.
  659         (4) Before filing a civil action on a matter subject to s.
  660  681.104, the consumer must first submit the dispute to the
  661  department division, and to the board if such dispute is deemed
  662  eligible for arbitration.
  663         (5) Manufacturers shall submit to arbitration conducted by
  664  the board if such arbitration is requested by a consumer and the
  665  dispute is deemed eligible for arbitration by the department
  666  division pursuant to s. 681.109.
  667         (6) The board shall hear the dispute within 40 days and
  668  render a decision within 60 days after the date the request for
  669  arbitration is approved. The board may continue the hearing on
  670  its own motion or upon the request of a party for good cause
  671  shown. A request for continuance by the consumer constitutes
  672  waiver of the time periods set forth in this subsection. The
  673  department of Legal Affairs, at the board’s request, may
  674  investigate disputes, and may issue subpoenas for the attendance
  675  of witnesses and for the production of records, documents, and
  676  other evidence before the board. The failure of the board to
  677  hear a dispute or render a decision within the prescribed
  678  periods does not invalidate the decision.
  679         (11) All provisions in this section and s. 681.109
  680  pertaining to compulsory arbitration before the board, the
  681  dispute eligibility screening by the department division, the
  682  proceedings and decisions of the board, and any appeals thereof,
  683  are exempt from the provisions of chapter 120.
  684         Section 22. Subsections (2) and (4) of section 681.1096,
  685  Florida Statutes, are amended to read:
  686         681.1096 RV Mediation and Arbitration Program; creation and
  687  qualifications.—
  688         (2) Each manufacturer of a recreational vehicle involved in
  689  a dispute that is determined eligible under this chapter,
  690  including chassis and component manufacturers which separately
  691  warrant the chassis and components and which otherwise meet the
  692  definition of manufacturer set forth in s. 681.102(13)
  693  681.102(14), shall participate in a mediation and arbitration
  694  program that is deemed qualified by the department.
  695         (4) The department shall monitor the program for compliance
  696  with this chapter. If the program is determined not qualified or
  697  if qualification is revoked, then disputes shall be subject to
  698  the provisions of ss. 681.109 and 681.1095. If the program is
  699  determined not qualified or if qualification is revoked as to a
  700  manufacturer, all those manufacturers potentially involved in
  701  the eligible consumer dispute shall be required to submit to
  702  arbitration conducted by the board if such arbitration is
  703  requested by a consumer and the dispute is deemed eligible for
  704  arbitration by the department division pursuant to s. 681.109. A
  705  consumer having a dispute involving one or more manufacturers
  706  for which the program has been determined not qualified, or for
  707  which qualification has been revoked, is not required to submit
  708  the dispute to the program irrespective of whether the program
  709  may be qualified as to some of the manufacturers potentially
  710  involved in the dispute.
  711         Section 23. Section 681.110, Florida Statutes, is amended
  712  to read:
  713         681.110 Compliance and disciplinary actions.—The department
  714  of Legal Affairs may enforce and ensure compliance with the
  715  provisions of this chapter and rules adopted thereunder, may
  716  issue subpoenas requiring the attendance of witnesses and
  717  production of evidence, and may seek relief in the circuit court
  718  to compel compliance with such subpoenas. The department of
  719  Legal Affairs may impose a civil penalty against a manufacturer
  720  not to exceed $1,000 for each count or separate offense. The
  721  proceeds from the fine imposed herein shall be placed in the
  722  Motor Vehicle Warranty Trust Fund in the department Department
  723  of Legal Affairs for implementation and enforcement of this
  724  chapter.
  725         Section 24. Subsection (2) of section 681.112, Florida
  726  Statutes, is amended to read:
  727         681.112 Consumer remedies.—
  728         (2) An action brought under this chapter must be commenced
  729  within 1 year after the expiration of the Lemon Law rights
  730  period, or, if a consumer resorts to an informal dispute
  731  settlement procedure or submits a dispute to the department
  732  division or board, within 1 year after the final action of the
  733  procedure, department division, or board.
  734         Section 25. Subsection (2) of section 681.114, Florida
  735  Statutes, is amended to read:
  736         681.114 Resale of returned vehicles.—
  737         (2) A person shall not knowingly lease, sell at wholesale
  738  or retail, or transfer a title to a motor vehicle returned by
  739  reason of a settlement, determination, or decision pursuant to
  740  this chapter or similar statute of another state unless the
  741  nature of the nonconformity is clearly and conspicuously
  742  disclosed to the prospective transferee, lessee, or buyer, and
  743  the manufacturer warrants to correct such nonconformity for a
  744  term of 1 year or 12,000 miles, whichever occurs first. The
  745  department of Legal Affairs shall prescribe by rule the form,
  746  content, and procedure pertaining to such disclosure statement.
  747         Section 26. Subsection (1) of section 681.117, Florida
  748  Statutes, is amended to read:
  749         681.117 Fee.—
  750         (1) A $2 fee shall be collected by a motor vehicle dealer,
  751  or by a person engaged in the business of leasing motor
  752  vehicles, from the consumer at the consummation of the sale of a
  753  motor vehicle or at the time of entry into a lease agreement for
  754  a motor vehicle. Such fees shall be remitted to the county tax
  755  collector or private tag agency acting as agent for the
  756  Department of Revenue. If the purchaser or lessee removes the
  757  motor vehicle from the state for titling and registration
  758  outside this state, the fee shall be remitted to the Department
  759  of Revenue. All fees, less the cost of administration, shall be
  760  transferred monthly to the department of Legal Affairs for
  761  deposit into the Motor Vehicle Warranty Trust Fund. The
  762  Department of Legal Affairs shall distribute monthly an amount
  763  not exceeding one-fourth of the fees received to the Division of
  764  Consumer Services of the Department of Agriculture and Consumer
  765  Services to carry out the provisions of ss. 681.108 and 681.109.
  766  The Department of Legal Affairs shall contract with the Division
  767  of Consumer Services for payment of services performed by the
  768  division pursuant to ss. 681.108 and 681.109.
  769         Section 27. Section 681.118, Florida Statutes, is amended
  770  to read:
  771         681.118 Rulemaking authority.—The department of Legal
  772  Affairs shall adopt rules pursuant to ss. 120.536(1) and 120.54
  773  to implement the provisions of this chapter.
  774         Section 28. This act shall take effect upon becoming a law.